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‘It's immoral, abhorrent, legalised bullying’ - Retail union demands end to fire and rehire

THE widely condemned practice of fire and rehire is “immoral, abhorrent, legalised bullying” and must end, members of retail union Usdaw demanded today.

The anti-worker tactic, which sees staff sacked and re-employed on inferior terms and conditions, should be outlawed, according to a motion unanimously backed by delegates gathered in Blackpool for the union’s annual conference. 

Usdaw is engaged in a potentially ground-breaking legal battle with supermarket giant Tesco over the company’s threat to use fire and rehire to remove a long-held financial benefit from its workforce.

The case relates to workers at distribution centres in Daventry and Litchfield who won a landmark High Court legal victory in February last year that prevented bosses from dismissing them and removing their right to “retained pay.”

The Court of Appeal overturned that decision in July 2022, but in December, the Supreme Court granted the union, represented by Thompsons Solicitors, permission to continue fighting the case, which could receive another hearing this autumn.

Livingston-based Tesco worker Richard Duguid thanked Usdaw for supporting his colleagues since the “very first day” of the dispute.

Speaking in the Winter Gardens’ Empress Ballroom, he added: “Like any legal case, we live in limbo.

“Members can’t be certain to make financial decisions like buying a car or getting a holiday — what’s this doing to their mental health?

“Fire and rehire is immoral, abhorrent and legalised bullying.”

Sussex delegate Kieron Murphy agreed, condemning the “absolutely disgraceful, abhorrent” practice, which has been used against one in 10 workers since 2020, according to the TUC.

Tory MPs were ordered by Downing Street to filibuster a private member’s Bill tabled by Labour former shadow minister Barry Gardiner in October 2021 that aimed to abolish the tactic. 

Northamptonshire delegate Indre Krungleviciene also won backing for a separate call to remove “no-strike clauses” across the retail sector after she argued that losing the “fundamental right to withdraw labour weakens worker bargaining power and leaves us with no leverage.”

A further appeal from Salford Quays-based delegate Marcus Raymond to abolish the much-condemned Trade Union Act 2016, which he described as a “deliberate attack” on working-class people, was also successful.

Usdaw general secretary Paddy Lillis endorsed all three motions. 

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